What is the statute of limitations on a possession of drug paraphernalia charge in Pennsylvania? 1 Answers as of December 28, 2010My friend and I were caught smoking a legal marijuana analogue out of a pipe which was confiscated and tested positive for marijuana resin. We are now facing paraphernalia charges. My friend received paperwork in the mail, however, I haven't received anything , and the incident was close to two months ago. Is this anywhere close to the statute of limitations? I am a minor and my friend is not, so perhaps that is part of the issue. It took the officer a while to contact my parents, as he made me give him my home phone number, which I told him was not functioning. He eventually got in contact with my mom via her cell phone. Does his inability to contact my parents in a timely manner in conjunction with my being a minor impact the standing of the case?
The Connelly Firm P.C. | Thomas Connelly
You can still be charged as a juvenile. You are not even close to the statute of limitations. If you retain an attorney, he or she may be able to contact the officer and persuade him not to file anything. Your friend may have a defense to the paraphernalia charge insofar as the "residue" was likely miniscule and an attorney may challenge the lab results and/or whether the pipe may properly be considered "paraphernalia". It is unlikely that the Commonwealth will pursue such a minor (no pun intended) charge if a vigorous defense is mounted. You also haven't told me how the police came into possession of the pipe - there may very well have been a constitutional violation if you were stopped or searched without reasonable suspicion or probable cause. Please feel free to contact me for a consultation free of charge to discuss your options. Good luck! P.S. I don't know how close you are to your friend, but he may try and pin the possession charge on you - so watch your back.
Answer Applies to: Pennsylvania